Delhi

• NCT
• UT, not a full state
  • cuz felt that delhi must remain under control of Union govt
  • but delhi ppl should also enjoy some semblance of democracy
• 69th CAA 1991: Delhi has special status, introduced Article 239AA
• Article 239AA(1): Delhi is now called National Capital Territory of Delhi
• Article 239AA(2):
  • administrator is designated as the Lt. Governor Delhi
  • has legislative assembly, elected directly by ppl under supervision of election commission
• Article 239AA(3)(a): assembly can make laws wrt matters enumerated in State list or concurrent list barring certain entries therein
• Article 239AA(3)(b): Parl retains concurrent legis powers
• Article 239AA(3)(c): if repugnance b/w Parl law and LA of Delhi, former prevails to the extent of repugnancy
  • but law made by assembly can prevail if assented by Prez
  • but parl can still legislate thereafter wrt the same subject matter contrary to the delhi law

Relationship b/w Council of Ministers and LG of Delhi

• Article 239AA(4): CoM at head to aid & advise Lt. Governor except when he is required to act in his discretion by law
  • CoM size at max 10% of LA seats
    • i.e. max size of council = 7
  • if difference of opinion, matter referred to President & his decision binding
    • if in opinion of LG, the matter is urgent & needs immediate action, he can take such action as he deems necessary
• CM appt by President and other ministers appt by prez on CM advice.
  • they hold office at pleasure of President and are collectively responsible to the Assembly
• Lt. Gov of delhi has power to promulgate ordinances (similar to pondicherry)
• Article 239AB: Prez can take over administration in case there is breakdown of constitutional machinery. The operation of 239AA may be suspended.

2018 SC Judgement

• Lt. gov bound to act on aid & advice of Council of Ministers of delhi except in respect of Land, Public Order and Police
• no requirement of concurrence of Lt. Gov and he has no power to overrule decision of State govt.
• However, Article 239AA(4) (proviso) says if difference of opinion on any matter, then its referred to president.
  • SC said “any matter” $\ne$ every matter
  • Prez is highest constitutional authority, his decision to be sought only on constitutionally important issues